University of Nairobi & another v Moses (Civil Appeal 119 of 2020) [2022] KECA 45 (KLR) (4 February 2022) (Judgment)
- Court
- Court of Appeal
- Case number
- 45
- Citation
- [2022] KECA 45 (KLR)
- Decided
- 4 February 2022
The appeal is partially successful. The order affirming the Taxing Master's award of Kshs. 4,000,000.00 in instruction fees is set aside and substituted with an award of Kshs. 2,000,000.00. The order for enforcement is affirmed.
Facts
The appellants, University of Nairobi and Student Organization of Nairobi University (SONU), filed a Chamber Summons against the respondent, Nabiswa Wakenya Moses, challenging a Taxing Master's order taxing the respondent's bill of costs at Kshs. 5,419,547.00. The appellants sought to vacate the order, set it aside, and remit the matter to another Taxing Master to retax the bill.
Issues
- Taxing of the respondent's bill of costs
- Time of filing the application
- Reasons for taxation
Reasoning
The court found the nature of the litigation did not warrant the claimed instruction fees and awarded Kshs. 2,000,000.00 instead. The court also upheld the order for enforcement of the taxed costs.
Outcome
Partial Success
Orders
- Set aside the order affirming the Taxing Master's award of Kshs. 4,000,000.00 in instruction fees and substitute it with an award of Kshs. 2,000,000.00.
- Affirm the order for enforcement of the taxed costs.
- Affirm the order for interest on costs awarded effective the date of taxation.
Remedies
- Each party shall bear its own costs of the appeal.
Authorities cited
Cases cited (2)
- Nyangito & Company Advocates vs. Doinyo Lessos Cremaries Limited [2014] eKLR
- National Oil Corporation Limited vs. Real Energy Limited & Another [2016] eKLR
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